WASHINGTON (Legal Newsline) – The Federal Trade Commission
(FTC) approved a final order, after a public comment period, that settles charges
against Invibio for allegations of using long-term exclusive contracts to
illegally maintain a monopoly.
Invibio makes a high-performance polymer used by medical
device makers to create spinal and other medical implants. The company
allegedly relied on exclusive contracts to stop its customers from looking elsewhere.
It was also purportedly able to charge higher prices despite the product being available
at lower prices from other suppliers.
Invibio is now generally barred from entering exclusive
supply contracts and preventing consumers from seeking other partners.
The case “reflects our commitment to intervene when a
dominant firm employs exclusionary practices to maintain its monopoly power and
harm competition,” the FTC stated. The order is designed to “facilitate price
competition, spur innovation, and provide medical device makers with a
meaningful choice among PEEK suppliers.”
The FTC voted 3-0 to approve the final order and a